GURBINDER SINGH Vs. MUNSHI RAM

JUDGEMENT

(1.) This is a plaintiff's appeal against an oder returning the plaint for presentation to the High Court.

(2.) The facts of the case are that on 28-3-1946 defendants Nos. 2 to 4 executed a promissory-note for Rs. 19,000/- and there was an equitable mortgage by deposit of title deeds In favour of the Bank. On 13-6-1949 the Bank transferred its rights to Pritam singh, father of the plaintiffs. In the meanwhile on 3-8-1948 defendants Nos. 2 to 4 transferred their equity of redemption in favour of Munshi Bam defendant No. 1.

(3.) All the defendants raised the objection that the case was not triable by the Court at Tarn Taran because one of the parties to the suit was a Bank who was subsequently impleaded as a defendant and there are certain pleas which would affect the Bank and have been held by the Court below to be claim against the Bank and therefore are exclusively triable by this Court under Section 45-B of the Banking Companies Act. I am therefore of the opinion that the learned Subordinate Judge rightly held that he had no jurisdiction to try the suit with regard to the Bank.